Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
May 09, 2018 | referred to governmental operations delivered to assembly passed senate |
Apr 30, 2018 | amended on third reading 5912c |
Jan 17, 2018 | advanced to third reading |
Jan 16, 2018 | 2nd report cal. |
Jan 09, 2018 | 1st report cal.101 |
Jan 03, 2018 | referred to commerce, economic development and small business returned to senate died in assembly |
Jun 21, 2017 | referred to governmental operations delivered to assembly passed senate |
Jun 13, 2017 | amended on third reading 5912b |
Jun 08, 2017 | amended on third reading 5912a |
May 16, 2017 | ordered to third reading cal.979 committee discharged and committed to rules |
May 05, 2017 | referred to commerce, economic development and small business |
senate Bill S5912C
Sponsored By
Chris Jacobs
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Sue Serino
(R, C, IP) 0 Senate District
S5912 - Details
- See Assembly Version of this Bill:
- A8470
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
S5912 - Sponsor Memo
BILL NUMBER: S5912 TITLE OF BILL : An act to amend the state administrative procedure act, in relation to agencies adopting emergency rules PURPOSE : The purpose of this bill is to amend the State Administrative Procedure Act (SAPA), in relation to the use of emergency rule making, constricting the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rule making action by a state agency. SUMMARY OF PROVISIONS : The bill amends the State Administrative Procedure Act (SAPA) Section 202, subdivision 6 (a) (b), notice of emergency adoption and emergency time frames. EXISTING LAW : State Administrative Procedure Act 202-6(a)(b) JUSTIFICATION :
S5912 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5912 2017-2018 Regular Sessions I N S E N A T E May 5, 2017 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the state administrative procedure act, in relation to agencies adopting emergency rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary [for the preservation of the public health, safety or general welfare and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS AN EMERGENCY THAT POSES AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC HEALTH OR SAFETY; OR (II) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE A JUDI- CIAL DECISION, FEDERAL OR STATE LAW OR RULE OR OTHER EXIGENT CIRCUM- STANCES REQUIRE AN AGENCY TO IMMEDIATELY CREATE OR CHANGE A RULE UPON WHICH THE PUBLIC CAN RELY; OR (III) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE IT IS NECESSARY FOR AN AGENCY TO ADOPT A RULE IMMEDIATELY IN ORDER TO FULFILL ITS LEGAL OBLIGATIONS; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11460-01-7
Co-Sponsors
Sue Serino
(R, C, IP) 0 Senate District
S5912A - Details
- See Assembly Version of this Bill:
- A8470
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
S5912A - Sponsor Memo
BILL NUMBER: S5912A Revised 6/12/17 TITLE OF BILL : An act to amend the state administrative procedure act, in relation to agencies adopting emergency rules PURPOSE : The purpose of this bill is to amend the State Administrative Procedure Act (SAPA), in relation to the use of emergency rule making, constricting the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rule making action by a state agency. SUMMARY OF PROVISIONS : Section 1: Amends the State Administrative Procedure Act (SAPA) Section 202, subdivision 6 (a) (b), allowing agencies to adopt emergency regulations for good cause that the emergency rule is necessary to preserve public health, safety, or general welfare, and one or more of the following conditions are met: *The usual rulemaking procedures are impractical because of an imminent and actual threat to public health or safety; or *The delay would cause the agency to be out of compliance with a federal or state law; or
S5912A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5912--A Cal. No. 979 2017-2018 Regular Sessions I N S E N A T E May 5, 2017 ___________ Introduced by Sens. JACOBS, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third read- ing, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the state administrative procedure act, in relation to agencies adopting emergency rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary for the preservation of the public health, safety or general welfare [and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH OR SAFETY; OR (II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A JUDICIAL DECISION, FEDERAL OR STATE LAW; OR (III) THE DELAY IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Co-Sponsors
Fred Akshar
(R, C, IP, RFM) 0 Senate District
John A. DeFrancisco
(R, C, IP) 0 Senate District
Kathleen A. Marchione
(R, C, IP) 0 Senate District
Sue Serino
(R, C, IP) 0 Senate District
S5912B - Details
- See Assembly Version of this Bill:
- A8470
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
S5912B - Sponsor Memo
BILL NUMBER: S5912B TITLE OF BILL : An act to amend the state administrative procedure act, in relation to agencies adopting emergency rules PURPOSE : The purpose of this bill is to amend the State Administrative Procedure Act (SAPA), in relation to the use of emergency rule making, constricting the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rule making action by a state agency. SUMMARY OF PROVISIONS : Section 1: Amends the State Administrative Procedure Act (SAPA) Section 202, subdivision 6 (a) (b), allowing agencies to adopt emergency regulations for good cause that the emergency rule is necessary to preserve public health, safety, or general welfare, and one or more of the following conditions are met: *The usual rulemaking procedures are impractical because of an imminent and actual threat to public health or safety; or *The delay would cause the agency to be out of compliance with a federal or state law; or *The delay would result in the loss of federal funds; or *The delay would lead to irreparable injury.
S5912B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5912--B Cal. No. 979 2017-2018 Regular Sessions I N S E N A T E May 5, 2017 ___________ Introduced by Sens. JACOBS, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third read- ing, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the state administrative procedure act, in relation to agencies adopting emergency rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary for the preservation of the public health, safety or general welfare [and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO PUBLIC HEALTH OR SAFETY; OR (II) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE WITH A JUDICIAL DECISION, FEDERAL OR STATE LAW; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Fred Akshar
(R, C, IP, RFM) 0 Senate District
John A. DeFrancisco
(R, C, IP) 0 Senate District
Kathleen A. Marchione
(R, C, IP) 0 Senate District
Sue Serino
(R, C, IP) 0 Senate District
S5912C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8470
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Amd §202, St Ad Proc Act
S5912C (ACTIVE) - Sponsor Memo
BILL NUMBER: S5912C SPONSOR: JACOBS TITLE OF BILL: An act to amend the state administrative procedure act, in relation to agencies adopting emergency rules PURPOSE: The purpose of this bill is to amend the State Administrative Procedure Act (SAPA), in relation to the use of emergency rule making, constrict- ing the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rule making action by a state agency. SUMMARY OF PROVISIONS: Section 1: Amends the State Administrative Procedure Act (SAPA) Section 202, subdivision 6 (a) (b), allowing agencies to adopt emergency regu- lations for good cause that the emergency rule is necessary to preserve
S5912C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5912--C Cal. No. 101 2017-2018 Regular Sessions I N S E N A T E May 5, 2017 ___________ Introduced by Sens. JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retain- ing its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the state administrative procedure act, in relation to agencies adopting emergency rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 202 of the state administrative procedure act, paragraph (a) as added by chap- ter 17 of the laws of 1984 and paragraph (b) as amended by chapter 483 of the laws of 1988, are amended to read as follows: (a) Notwithstanding any other provision of law, if an agency finds FOR A GOOD CAUSE that the immediate adoption of a rule is necessary for the preservation of the public health, safety or general welfare [and that compliance with the requirements of subdivision one of this section would be contrary to the public interest, the agency may dispense with all or part of such requirements and adopt the rule on an emergency basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11460-05-8
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